Opponents say city mailers biased for ballot measures

David Garrick

ESCONDIDO — Opponents of two Escondido ballot measures filed a complaint Friday saying that mailers the city sent this week improperly advocate for the measures instead of summarizing them in a neutral way.

The complaint, which the opponents filed with the state’s Fair Political Practices Commission, says state law prohibits cities from taking sides in political campaigns and from spending taxpayer money on biased campaign materials.

“The style, tenor and timing of the mail piece indicate it is campaign material intended to unambiguously urge a ‘yes’ vote on Propositions N and P, and not simply impartial informational material that presents voters with the pros and cons of these propositions,” the complaint says.

City Attorney Jeff Epp said Friday afternoon that the city had done nothing wrong with the mailers, which cost $20,000 to produce and mail to every address in the city.

“We’re confident it’s consistent with California law,” said Epp, noting that several recent cases have examined the content of election mailers paid for by cities. “We reviewed the text very clearly ahead of time.”

Epp said the city’s mailer was legal because it included only statements of fact, not opinions.

Prop. N is a proposed update of the city’s general plan that would allow more dense development in downtown and along many commercial corridors. Prop. P would divide the city into geographic election districts and increase Escondido’s power by making it a charter city.